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(영문) 부산고등법원(창원) 2016.07.14 2015나23065

공사대금

Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On December 26, 2012, the Defendant and the public interest corporation (hereinafter “public interest corporation”)’s construction of the public interest complex (hereinafter “public interest complex construction”) are the instant construction project, i.e., the construction of the public interest complex 118-2 large-scale large-scale large-scale large-scale large-scale large-scale large-scale large-scale large

The contract was entered into, and the contract was amended on February 4, 2013 and February 28, 2013, respectively, and changed to the contract for construction works as follows:

On February 14, 2013, the Defendant paid advance KRW 300 million to Heung Forest Construction.

[In practice, 56,62,60 won shall be paid to the National Health Insurance Corporation, an execution creditor for the claim for the construction price in this case of Heung Forest Construction, and the remainder of 243,337,40 won (=300,000,000-56,662,60 won) shall be paid for Heung Construction. The contractor’s contract terms of the contract for Heung Forest Construction in 39 group 118-2 group 118-2 group 39 group 1,54,68,470 group contract term from December 26, 2012 to December 31, 2013.

B. On April 1, 2013, the Plaintiff Han forest Construction Co., Ltd. (hereinafter “Plaintiff Han forest Construction”) and Heung forest Construction entered into a subcontract agreement with the following terms:

From April 1, 2013 to November 30, 2013, the contract term of KRW 251,350,000 (including additional taxes) of the total construction cost of civil engineering and appurtenant works among the instant construction projects, under the name of the contractor’s contract for interest and construction projects under the contract for the Plaintiff Han River Construction Contract.

C. On May 2, 2013, the Plaintiff Hansung Industrial Facilities Co., Ltd. (hereinafter “Plaintiff Hansung Industrial Facilities”) and the Hansung Integrated Construction Co., Ltd. entered into a subcontract agreement with the following terms.

The contractor is the contractor's contractor's contractor's contractor's contractor's contractor's contractor's contractor's contractor's contractor's contractor's contract terms and conditions of the contract for the industrial facilities in this case, the total contract amount of 249,70,000 won (including all details of the main contractor's contract and finished products) of the total contract amount of the mechanical facilities and fire fighting installation works (including complete products) from May 2, 2013

D. On May 16, 2013, the Plaintiff Han River Construction, Defendant, and Heung Forest Construction agreed on the direct payment of the subcontract price with the following terms:

1. An interest complex construction project.